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mohit (others)     27 July 2015

125 crpc

Dir sir,

After divorce on both ground cruelty and desertion and dismiss 125 crpc on same ground  my wife go to high court in appeal against 125 crpc order my question is after divorce can she entitled for maintenance in 125 crpc please give me any citation  or any case reference suit in my case by supreme court are full bench as soon as possoble.

thanks in advance 



 2 Replies

Harrish21   27 July 2015

Was that a mutual consent or the judge approved the divorce based on Cruelty and desertion proved by your wife. On what basis the CrPC 125 was dsmissed by the Family court, Let me know it will be usefull for us. 

Yes your wife can pretty much appeal in High court for maintaince, if she is unemployed, dependant on her parents, Not Educated, or Never worked since the time of marriage. If you have kid then you have to pay 50% or 100% for the maintaince for the child. If she is well educated, or was working in the past, then the court will consider that fact and will reduce your maintaince, IF you were deserted and jobless, then you do not have to pay any money as the judge wont tell you to beg or steal to pay your EX-Wife. 

Thanks

 

prabhakar advocate (advocate)     27 July 2015

If she is indigent, she is entitled to maintenance under S. 125 cr.p.c. even after divorce.


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